On December 10th 1948 the Universal Declaration of Human Rights was proclaimed by the United Nations General Assembly in Paris as a common standard of achievement, for all people and all nations.
The basic principles are present in 30 articles. That day there was enough support for a document not for an obligatory treaty, but in coming years it was accepted that states had to protect them, movement that was strengthened with other eights instruments.
Despite the setback that the United Nations Commission on Human Rights has in its board some of the most notorious violators, the clarity of the document is such that most people understand its meaning, and also that its contents are part of educational systems around the world. It marks a before and an after in history, it provides a common horizon and allow us to differentiate between societies where these universal rights are respected and where they are not.
It is a useful example for the 2021 situation of democracy which is going through a difficult period, and in my opinion needs a Declaration which can reproduce the success achieved in 1948. In the previous century it was perhaps easier to recognize the danger as it was the case with communism, nazi fascism and military coups. Newcomers are present today.
The democratic ideal has been injured by those who add a surname, but in fact they are an enemy, like those governments who are in the hands of organized crime as it happens with the Bolivarian revolution. Add populism, demagogy, the nonexistence or irrelevance of international controls, the distorting role of money, the ethical crisis of many political parties and elected representatives around the world, the loss or regression of the ideal of public service, the validation of violence as a method by well known intellectuals.
A solution is made difficult by the impact of new technologies and social networks and by the lack of adequate instruments to measure democracy, and thus distinguish those countries which came closer to the ideal from those who move back.
Democracy is a system of government which has not been surpassed. It is the best, but always fragile. It is an unfinished attempt, which can always improve.
It is a power system where people can also be compelled to do things they do not want to do, like paying taxes, be vaccinated or respect regulations. But it has something almost unique and difficult to achieve: the peaceful resolution of conflicts typical to every society.
In Democracy there is power, conflict and authority. There is also an ideological struggle between important concepts like freedom, equality and ethics, but their rules allow for different combinations without having to destroy each other. The last one is becoming increasingly relevant, but it is ethics based in principles more than values, because principles are fewer and more permanent, different in that sense to values which are modified by circumstances and periods of time. Principles are behind the democratic ideal and a way of life linked to the protection of fundamental rights.
The present day crisis is also shown in the idea itself of representation and the lack of interest of many potential voters. It is a blow to its legitimacy and erodes trust and confidence.
Let us do not forget something relevant for our argument: democracy is not only principles but also a consensus on rules to be obeyed. They represent both, opportunity and need for a Universal Declaration, based on certain permanent truths.
To the success of the 1948 Universal Declaration of Human Rights, the one on Democracy can add two elements: on the one side, that their principles have changed little and their milestones are widely accepted: its origins in classical Greece and their modern appearance in the constitutional process that created the United States. On the other side, Democracy is distinguished by the fact that it is also a system of rules accepted by both, International Law and different countries. In that sense, there is an Inter-American Democratic Charter, being a different topic if there is no punishment for violators.
As a form of government, Democracy almost disappeared for a long time, from classical Greece to the constitutional process that gave birth to the United States. Nothing, absolutely nothing indicates that something similar could be taking place today, but its present crisis needs of new ideas to fight for the best system of government known to mankind.
As there are definitions, concepts, principles and rules, Democracy is in solid ground. One that is fertile for a Universal Declaration in the difficult moment that is experiencing.
(*) Lawyer (University of Chile, University of Barcelona), Doctor (Ph.D.) in Political Science (Government, University of Essex), former presidential candidate in Chile (2013)
The basic principles are present in 30 articles. That day there was enough support for a document not for an obligatory treaty, but in coming years it was accepted that states had to protect them, movement that was strengthened with other eights instruments.
Despite the setback that the United Nations Commission on Human Rights has in its board some of the most notorious violators, the clarity of the document is such that most people understand its meaning, and also that its contents are part of educational systems around the world. It marks a before and an after in history, it provides a common horizon and allow us to differentiate between societies where these universal rights are respected and where they are not.
It is a useful example for the 2021 situation of democracy which is going through a difficult period, and in my opinion needs a Declaration which can reproduce the success achieved in 1948. In the previous century it was perhaps easier to recognize the danger as it was the case with communism, nazi fascism and military coups. Newcomers are present today.
The democratic ideal has been injured by those who add a surname, but in fact they are an enemy, like those governments who are in the hands of organized crime as it happens with the Bolivarian revolution. Add populism, demagogy, the nonexistence or irrelevance of international controls, the distorting role of money, the ethical crisis of many political parties and elected representatives around the world, the loss or regression of the ideal of public service, the validation of violence as a method by well known intellectuals.
A solution is made difficult by the impact of new technologies and social networks and by the lack of adequate instruments to measure democracy, and thus distinguish those countries which came closer to the ideal from those who move back.
Democracy is a system of government which has not been surpassed. It is the best, but always fragile. It is an unfinished attempt, which can always improve.
It is a power system where people can also be compelled to do things they do not want to do, like paying taxes, be vaccinated or respect regulations. But it has something almost unique and difficult to achieve: the peaceful resolution of conflicts typical to every society.
In Democracy there is power, conflict and authority. There is also an ideological struggle between important concepts like freedom, equality and ethics, but their rules allow for different combinations without having to destroy each other. The last one is becoming increasingly relevant, but it is ethics based in principles more than values, because principles are fewer and more permanent, different in that sense to values which are modified by circumstances and periods of time. Principles are behind the democratic ideal and a way of life linked to the protection of fundamental rights.
The present day crisis is also shown in the idea itself of representation and the lack of interest of many potential voters. It is a blow to its legitimacy and erodes trust and confidence.
Let us do not forget something relevant for our argument: democracy is not only principles but also a consensus on rules to be obeyed. They represent both, opportunity and need for a Universal Declaration, based on certain permanent truths.
To the success of the 1948 Universal Declaration of Human Rights, the one on Democracy can add two elements: on the one side, that their principles have changed little and their milestones are widely accepted: its origins in classical Greece and their modern appearance in the constitutional process that created the United States. On the other side, Democracy is distinguished by the fact that it is also a system of rules accepted by both, International Law and different countries. In that sense, there is an Inter-American Democratic Charter, being a different topic if there is no punishment for violators.
As a form of government, Democracy almost disappeared for a long time, from classical Greece to the constitutional process that gave birth to the United States. Nothing, absolutely nothing indicates that something similar could be taking place today, but its present crisis needs of new ideas to fight for the best system of government known to mankind.
As there are definitions, concepts, principles and rules, Democracy is in solid ground. One that is fertile for a Universal Declaration in the difficult moment that is experiencing.
(*) Lawyer (University of Chile, University of Barcelona), Doctor (Ph.D.) in Political Science (Government, University of Essex), former presidential candidate in Chile (2013)
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